Gibbons v. Territory

• Decision Date: 22 June 1908
• Citation: 96 P. 466,21 Okla. 340,1 Okla.Crim. 198,1908 OK 111,1908 OK CR 21
• Parties: GIBBONS v. TERRITORY.
• Court: Oklahoma Supreme Court

96 P. 466

21 Okla. 340, 1 Okla.Crim. 198, 1908 OK 111, 1908 OK CR 21

GIBBONS v. TERRITORY.

Supreme Court of Oklahoma

June 22, 1908

Syllabus by the Court.

The trial court erred in instructing the jury that: "By the term 'reasonable doubt,' as used in these instructions, is meant a doubt that has a reason for it. It is a doubt that you can give a reason for"-and the same is cause for reversal of the judgment.

[Ed Note.-For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1904-1922.]

Error from District Court, Caddo County; Frank E. Gillette, Judge.

Thomas Gibbons was convicted of murder, and brings error. Reversed.

At the November term, 1905, of the district court for the Seventh judicial district of the territory of Oklahoma, at Anadarko Thomas Gibbons, plaintiff in error, defendant below, together with one M. C. Reddington, were jointly indicted for the murder of one T. C. Renfro, by shooting, alleged to have been committed in the county of Caddo on July 13th of that year. On November 27, 1905, defendant was arraigned, pleaded not guilty, asked for and was granted a severance, was tried by a jury, found guilty, and was sentenced to imprisonment for life, from which judgment and sentence he appealed to the Supreme Court of the territory of Oklahoma, and the case is now before us, as successor of that court, for review.

P. H Cullen, for plaintiff in error.

W. O. Cromwell, Atty. Gen., for the Territory.

TURNER J.

The evidence discloses that defendant was director of school district No. 115 in said county, and had been some time prior to the homicide, and that M. C. Reddington, jointly indicted with him, had been elected clerk and had resigned. On August 16, 1904, J. E. Beard, as treasurer of said district, called a meeting of the voters thereof for the purpose of electing a clerk to succeed Reddington. On August 26, 1904, at the meeting for that purpose, the deceased, Renfro, was elected clerk, and Reddington filed his resignation as such, and on November 16, 1904, turned the books over to him. On May 31, 1905, pursuant to a notice given by deceased Renfro, as district clerk, for an election of officers for that district, defendant was elected for three years, M. C. Reddington clerk for an unexpired term of two years, and M. O. Nation treasurer for an unexpired term of one year. On the same day Reddington duly qualified as such, and on June 13, 1905, together with Gibbons as director and Nation as treasurer, duly filed their acceptance of office with the superintendent of public instruction of Caddo county, as required by law. A short time thereafter, a report was filed with the county superintendent of Caddo county by deceased, Renfro, as clerk, in which he certified that at the school election held May 31, 1905, in school district No. 115, the following persons were elected to the respective offices therein set forth, viz.: Thomas Gibbons, director; T. C. Renfro, clerk; and J. E. Beard, treasurer. That shortly thereafter Reddington, as clerk of said district, made a demand on the deceased, Renfro, for the books and records pertaining to said office, which he refused to surrender.

After securing the advice of the county attorney, defendant and Nation, as directors of school district No. 115, brought suit in replevin before one Dillingham, a justice of the peace, to recover said books; but the same was for some reason dismissed by the justice. On July 10, 1905, defendant, as director of said school district, caused another suit in replevin to be brought, entitled, "School District No. 115 v. Thurston Renfro," before T. C. Britton, a justice of the peace, to recover from deceased the books and records aforesaid, and owing to the fact that there was no constable in that township, and failing to obtain the services of H. W. Boulware, a deputy sheriff, the justice of the peace on his own motion appointed Plowman as special constable to serve the process. He was a stranger to Renfro and slightly acquainted with the defendant, resided in another school district, was a man of delicate health, and of very defective eyesight. On the evening of the day the process was issued, Plowman went to Renfro's house to serve the papers, taking Nation along to identify the books and papers mentioned in the writ; but Renfro was not at home, and the process was not served at that time.

On the morning of the 12th, as Nation could not go on account of sickness, Gibbons accompanied Plowman in the service of the process in order to identify the property sought to be replevined. On exhibiting the process to Renfro, he declared the same to be improper, and refused to give up the property and wheeled and went into the house, saying that he regarded any man trying to take possession of it as hunting trouble, and that "he would be damned sure to get it," at which Plowman and defendant rode off. That same day Plowman returned to the justice of the peace and sued out a writ charging Renfro with resisting him as an officer in the service of process and refusing to deliver the property sought to be replevined, which was placed in his hands for service, returnable forthwith before said justice. Gibbons was present at that time, but did not advise the suing out of the writ, and was, without his seeking, appointed as a special deputy on Plowman's suggestion to assist him in the service of the process. The next morning, Plowman, accompanied by Gibbons, armed with the process aforesaid, went to the home of the deceased, Renfro, to serve the same. As they rode up, they found him and one J. B. Berry, a neighbor, seated under a tree near the house. After exchanging friendly salutations, Plowman produced the writ of replevin, which was read to the deceased. There is considerable confliet in the evidence from this time on as to what actually occurred. Berry, the only eyewitness other than defendant, swore that Renfro agreed to give up the books. Gibbons swore that he declined to do so. Plowman dismounted, and, together with Renfro, approached the east door of the house coming from the north; Berry following at a short distance. Defendant remained seated on his horse. When within about eight feet of the door, something was said about a warrant, and Renfro, replied: "I will go with you." About that time defendant...